HomeMy WebLinkAboutCC MINUTES 2011-04-25MINUTES
OF THE SPECIAL MEETING
OF THE CITY COUNCIL
APRIL 25, 2011
CLOSED SESSION MEETING
CALL TO ORDER -Meeting #2261 at 5:31 p.m.
ATTENDANCE
Present: Mayor Jerry Amante, Mayor Pro Tem John Nielsen, and
Councilmembers Deborah Gavello, Rebecca "Beckie" Gomez and AI
Murray
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland,
City Attorney
PUBLIC INPUT -Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS -The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
A. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION [Govt.
Code § 54956.9(b)] -Two Cases
B. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION [Govt.
Code § 54956.9(c)] -Two Cases
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Government Code
Section 54956.8] -One Case
• Property Address/Description:
Agency:
Agency/City Negotiator:
Lots 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26,
27, 29, and 36 Tract No. 17026; Tustin
Legacy property within the former Master
Developer footprint.
City of Tustin
Christine Shingleton, Assistant City
Manager
City Council
Special Meeting Minutes
April 25, 2011
Page 1 of 5
Negotiating Parties: City and future purchasers of portions of
the subject property
Under Negotiation: Price, Terms and Conditions
D. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code §
54956.9(a)] -Two Cases
• SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147
• Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
Recessed at 5:32 p.m.
Reconvened at 7:24 p.m.
CITY COUNCIL MEETING
7:00 P.M.
~~ ~~
CALL TO ORDER -Meeting #2261 at 7:24 p.m.
INVOCATION -Mayor Pro Tem Nielsen
PLEDGE OF ALLEGIANCE -Mayor Amante
ROLL CALL -City Clerk
Present: Mayor Jerry Amante, Mayor Pro Tem John Nielsen, and
Councilmembers Deborah Gavello, Rebecca "Beckie" Gomez and AI
Murray
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland, City
Attorney
CLOSED SESSION REPORT -City Attorney Douglas C. Holland
No reportable action.
PUBLIC INPUT -None.
City Council April 25, 2011
Special Meeting Minutes Page 2 of 5
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 1-3)
TUSTIN LEGACY DISPOSITION STRATEGY FOR THE FORMER MASTER
DEVELOPER FOOTPRINT
City Council's confirmation is requested of a recommended Disposition Strategy
for the former Master Developer Footprint for the Tustin Legacy Project.
A presentation was given by Assistant City Manager Christine Shingleton
Public Input:
• David Hendryx
• Francine Scinto
• Coralee Newman
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray that the City Council confirm Disposition Strategy
Alternative 3 (City to Act as Executive Master Developer in a More Limited Role)
as contained in the Disposition Strategy report.
Motion carried 4-1 (Councilmember Gavello dissenting)
Public Input: James Laird
Recessed at 8:55 p.m.
Reconvened at 9:02 p.m.
2. URGENCY ORDINANCE NO. 1399 ENACTING REVISION TO THE GRADING
AND EXCAVATION CODE PROVISIONS
A presentation was given by Elizabeth Binsack, Director of Community
Development
Proposed Urgency Ordinance No. 1399 is an urgency ordinance pursuant to
Government Code Section 36937 and shall take effect immediately. On
November 17, 2003, the City of Tustin City Council adopted Ordinance No.
1275 amending the City's Water Quality Ordinance and Ordinance No. 1280
revising the City's Grading and Excavation Ordinance. These ordinances were
enacted to implement revised Regional Water Quality Control Board regulations
as required by State and federal law.
Since the adoption of these ordinances, private properties and responsible
public agencies have complied with State and federal laws. However, one local
City Council April 25, 2011
Special Meeting Minutes Page 3 of 5
agency has claimed exemption from Grading and Excavation Ordinance and
Water Quality standards set forth by the federal and State law and has caused
violations to occur with respect to construction practices. Additional future
construction is eminent; therefore, Urgency Ordinance No. 1399 is needed to
clarify the intent of the applicable Code provisions and for the preservation of
the public peace, health, and safety.
Public input:
• Benjamin Wigley
• Conner Fromknecht
• Andrew Giel
• Edmond Connor
• John Bernaray/John Squillale
• John Squillale, Sr.
• Charles Horvath
• Don Berkheimer
• Simon Russek
• Niles Koines
• Paul Wasserman
• Gil Nelsen
• Yolanda Leal
Recessed at 9:58 p.m.
Reconvened at 10:23 p.m.
Public Input:
• Scott Allen
• Bruce Junor
Recessed at 11:07 p.m.
Reconvened at 11:09 p.m.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray that the City Council adopt Urgency Ordinance No.
1399 by at least afour-fifths vote.
Motion failed 3-2 (Councilmembers Gomez and Gavello dissenting)
3. ORDINANCE NO. 1400 ENACTING REVISIONS TO THE GRADING AND
EXCAVATION CODE PROVISIONS
On November 17, 2003, the City of Tustin adopted Ordinance No. 1275
amending the City's Water Quality Ordinance and Ordinance No. 1280 revising
the City's Grading and Excavation Ordinance. These ordinances were enacted
to implement revised Regional Water Quality Control Board regulations as
required by State and federal law.
City Council April 25, 2011
Special Meeting Minutes Page 4 of 5
Adoption of this Ordinance will ensure clarity as to the City of Tustin's
requirements for issuance of grading permits and compliance with water quality
requirements as required by state and federal law thereby allowing the City to
protect the public health, safety, and welfare.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray that the City Council have first reading of Ordinance No.
1400 and set for second reading at the City Council meeting of May 3, 2011.
Motion carried 3-2 (Councilmembers Gomez and Gavello dissenting)
ADJOURNED at 11:12 p.m. -The next regular meeting is scheduled for Tuesday, May 3,
2011 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business
Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California.
'JERRY AIyIAN~E,
Mayor ,/
PAMELA STOKER,
City Clerk
City Council April 25, 2011
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